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Tort Law Flashcards

1
Q

Who has the burden of proof in civil cases?

A

The claimant.

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2
Q

What is the standard of proof in civil cases?

A

Balance of probabilities.

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3
Q

What are two common defences in tort law?

A

Consent and contributory negligence.

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4
Q

What is the difference between special and general damages?

A

Special damages cover losses before the trial; general damages cover losses after.

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5
Q

Name two fault-based torts.

A

Negligence and occupiers’ liability.

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6
Q

Name two strict liability torts.

A

Nuisance and Rylands v Fletcher.

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7
Q

What case introduced the neighbour principle?

A

Donoghue v Stevenson.

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8
Q

What are the three stages of the Caparo v Dickman test?

A

Foreseeability, proximity, and fairness.

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9
Q

What case relates to foreseeability of harm in negligence?

A

Kent v Griffiths (ambulance delay).

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10
Q

How is a breach of duty assessed?

A

By comparing actions to those of a ‘reasonable person.’

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11
Q

What case set the standard for children?

A

Mullins v Richards (ruler fight).

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12
Q

What case established foreseeability in negligence?

A

Wagon Mound (oil spill fire).

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13
Q

What does the thin skull rule state?

A

Defendants must take claimants as they are, including vulnerabilities (Smith v Leech Brain).

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14
Q

What is res ipsa loquitur?

A

‘The thing speaks for itself’ – the burden of proof shifts to the defendant.

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15
Q

What is one issue with proving negligence?

A

High cost of evidence gathering.

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16
Q

What reform is suggested to simplify negligence claims?

A

Compulsory insurance or out-of-court settlements.

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17
Q

Who is an occupier?

A

Someone in control of the premises.

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18
Q

What law governs liability for lawful visitors?

A

Occupiers’ Liability Act 1957.

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19
Q

What law governs liability for trespassers?

A

Occupiers’ Liability Act 1984.

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20
Q

What case involved a lawful visitor injured on stairs?

A

Wheat v Lacon.

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21
Q

What is the duty owed to visitors?

A

To ensure they are reasonably safe.

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22
Q

What case introduced ‘obvious dangers’ for trespassers?

A

Ratcliff v McConnell (swimming pool).

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23
Q

What defence can occupiers use for trespasser claims?

A

Warnings, consent, or contributory negligence.

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24
Q

What is a suggested reform for occupiers’ liability?

A

Introduce no-fault liability.

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25
What is private nuisance?
Unlawful interference with the use or enjoyment of land.
26
What case confirmed a claimant must have an interest in the land?
Hunter v Canary Wharf.
27
What is public nuisance?
Something affecting the comfort and convenience of the public.
28
What is malice in nuisance cases?
Intentionally causing harm, e.g., Christie v Davey (noise).
29
Name a defence for nuisance claims.
Statutory authority.
30
What is one critique of nuisance law?
It overlaps with negligence.
31
What is Rylands v Fletcher about?
Liability for harm caused by dangerous materials escaping land.
32
What must the material be in Rylands v Fletcher cases?
Non-natural use of land.
33
What case involved chemicals spilling from a tannery?
Cambridge Water v ECC.
34
What is an act of God defence?
An unforeseeable natural event.
35
What reform is proposed for Rylands v Fletcher?
A statutory scheme for hazardous activities.
36
What is vicarious liability?
Employers are liable for employees’ torts committed during employment.
37
What test determines employment relationships?
Economic reality test (Ready Mixed Concrete v MOP).
38
What case involved a petrol station assault?
Mohammed v Morrisons.
39
What is a 'frolic of one’s own'?
When an employee acts outside employment, e.g., Rose v Plenty.
40
What reform is suggested for vicarious liability?
Statutory clarity on employer liability.
41
What is an injunction?
A court order to prevent or mandate actions.
42
What are special damages?
Quantifiable losses, like medical bills.
43
What are general damages?
Non-quantifiable losses, like pain and suffering.
44
What is mitigation of loss?
Claimants must minimize their losses.
45
What is contributory negligence?
When a claimant partly causes their own harm.
46
What case involved reduced damages for not wearing a seatbelt?
Froom v Butcher.
47
What is volenti non fit injuria?
'To one who consents, no harm is done.'
48
What is statutory authority as a defence?
Acts authorized by Parliament cannot be sued for nuisance.
49
What is the act of a stranger defence?
Liability is avoided if damage was caused by someone outside control.
50
What case involved unforeseeable flooding caused by a stranger?
Rickards v Lothian.
51
What is a key issue with proving negligence claims?
High cost and the need for expert evidence deter claimants.
52
Why is delay a problem in negligence cases?
Time limits for claims and insurance tactics often cause lengthy delays.
53
What is the criticism of contributory negligence as a defence?
Judges have significant discretion, leading to inconsistent outcomes.
54
What are policy issues with the duty of care?
Courts hesitate to impose liability on public authorities, limiting claimant success (e.g., ABC v St George NHS Trust).
55
Why is the thin skull rule sometimes seen as unfair?
Defendants must compensate for vulnerabilities they could not predict.
56
Why are reforms suggested for negligence?
Simplifying claims through compulsory insurance could reduce costs and delays.
57
How is the 1984 Act for trespassers perceived?
It limits compensation, and judges rarely support trespasser claims, reflecting public opinion.
58
What is an issue with the 'obvious dangers' rule?
It can be harsh, as it denies claims for injuries from visible risks (e.g., Ratcliff v McConnell).
59
Why are reforms for occupiers' liability debated?
Introducing no-fault liability would require costly compulsory insurance for property owners.
60
Why is the strict liability nature of nuisance criticized?
Defendants can be liable even after taking precautions, which seems unfair.
61
How does nuisance overlap with negligence?
Both allow claims for personal injury, causing confusion about which tort applies.
62
What reform could address neighbour disputes?
Greater encouragement of alternative dispute resolution (ADR) to avoid escalation.
63
Why is Rylands v Fletcher difficult to use?
Strict requirements like 'non-natural use of land' restrict its application (e.g., Cambridge Water v ECC).
64
Why is the tort considered outdated?
It fails to address modern technological risks effectively.
65
What is one proposed reform for Rylands v Fletcher?
Replace it with a statutory scheme for hazardous activities, like the Reservoirs Act.
66
How does vicarious liability ensure justice?
It ensures victims are compensated since employers are better able to pay.
67
Why is it unfair to employers?
Employers are liable even when employees act against orders (e.g., Rose v Plenty).
68
Why is the 'close connection' test controversial?
It can lead to inconsistent outcomes depending on case interpretation (e.g., Lister v Hesley Hall).
69
What reform could improve vicarious liability?
Statutory clarity on employer liability to reduce confusion and inconsistencies.
70
Why are injunctions criticized in nuisance cases?
Injunctions can unfairly limit socially beneficial activities (e.g., Coventry v Lawrence).
71
What is a limitation of damages?
Claimants may struggle to calculate future financial losses, such as ongoing medical care.
72
What reform is suggested for damages?
Structured settlements to ensure ongoing payments for long-term losses.
73
What is the issue with volenti as a defence?
It can fail where claimants have no real choice to accept the risk (e.g., workplace injuries).
74
How is the 'act of God' defence criticized?
It is vague and difficult to prove, leading to unpredictable outcomes.
75
Why is statutory authority seen as controversial?
It protects defendants acting under legislation, even if claimants suffer significant harm.

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